BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
INTHEMATTEROF:
)
PROPOSED
AMENDMENTS
TO THE
)
CLERKS
OFFICE
BOARD’S
CONCERNINGSPECIAL
USED
WASTE
OIL
REGULATIONS
)
)
R06-20
(Rulemaking
-
Land)
SFP
2
82009
35 ILL.
ADM.
CODE 739,808,
809
)
STATE
OF
ILLINOIS
Pollution
Control
Board
COMMENTS
OF
NORA,
AN ASSOCIATION
OF RESPONSIBLE RECYCLERS
In response
to
the Board’s
request
(in its August
20, 2009
Opinion
and Order)
for
comments
on
the Board’s
proposed
amendments
to its used
oil management
standards,
NORA,
An Association
of
Responsible
Recyclers,
Inc. (“NORA”)
hereby
submits
its comments.
Despite
the Board’s
lengthy
and detailed
Opinion
and Order
and the
apparent
complexity
of
the
regulatory
issues
in this matter,
there
is a
simple
and straightforward
purpose
to the Board’s
proposed
amendments:
reducing
unnecessary
and expensive
paperwork.
At
the
same,
in
proposing
amendments
that
would
eliminate
the
requirement
for
manifests
for used oil
and
certain
materials
regulated
as
used
oil, the Board
was careful
not to
undermine
basic protections
of human
health
and the environment.
It is
clear
that the
Board and
its staff gave
very
careful
consideration
to the
comments
and
testimony
of the numerous
persons
and organizations
who are
concerned
with
used oil regulations.
It is
worth
emphasizing
that
NORA’s
proposal,
first formally
articulated
at
the Board’s
October
1,
2008
hearing
on this
matter, constitutes
a
compromise
designed
to address
the
stated
concerns
expressed
by
the
Illinois Environmental
Protection
Agency.
NORA’s
original
proposal
was
to
eliminate
the
manifest
requirement
for
used
oil
and
all
materials
regulated
as
used oil. NORA’s
original
proposal,
if
adopted,
would
have placed
Illinois regulations
in
line with
the federal
used
oil
management
standards
as
well
as
virtually
all
other
states —
thereby creating
a more
manageable
and
uniform
tracking
system.
The compromise,
while highly
useful
and
important,
is indeed
a
compromise.
There
may come
a time
when
there
is a
general recognition
that
eliminating
manifests
for
all materials
regulated
as used
oil
would
be
sensible.
In
the
meantime,
NORA and
its
members
are
committed
to
fully complying
with
the
Board’s
proposed
rule
(assuming
it is
adopted).
Although
NORA
commends
the
Board
and its
staff
for
their hard
work and
thorough
deliberations
on
NORA’s
proposal,
we
recognize
that some
issues
may
arise
in
the
implementation
of this
rule (if adopted).
This,
of
course,
is also the
situation
with
many
environmental
protection
regulations.
If any
such
issues
arise, NORA
and
its members
intend
to
work
with
the
Illinois
Environmental
Protection
Agency
to
seek
a
harmonious
resolution.
For
example,
while
the
design
of
individual
tracking
documents
(replacing
the
need
for manifests
under
the
proposed
rule)
is
left
to
each company’s
discretion,
NORA
will
fully
cooperate
with
the
Board
and
JEPA in an attempt
ensure that implementation of the rule proceeds as smoothly as
possible.
Again,
NORA
commends
the Board for proposing these
amendments and recommends their
adoption
by
the Board
without any changes.
Respectfully submitted,
Christopher Harris
General
Counsel
NORA, An
Association of Responsible Recyclers
1511 West Babcock
Bozeman, Montana 59715
September
25, 2009
Page
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOAR1
Ec
CLEpiç
OFFICE’
IN
THE
MATTER
OF:
)
ct:o.
PROPOSED
AMENDMENTS
TO
THE
)
28
2009
BOARD’S
SPECIAL
WASTE
REGULATIONS
)
R06-20
STATE
OFILLINOIq
CONCERNING
USED
OIL
)
(Rulemaking
-
LfjJtiOfl
Control
8Qad
35
ILL.
ADM.
CODE
739,
808,
809
)
COMMENTS
OF
Safety-Kleen
Systems,
Inc.
Safety-Kleen
Systems,
Inc.
commends
the
Board for
its
carefully
considered
proposal
to
improve
used
oil
regulations
in
the
State
of
Illinois.
In
addition
to
eliminating
the
requirement
for
unnecessary
and
duplicative
manifests
to
reduce paperwork
and
costs
it
would also
promote
the
responsible
collection,
recycling
and
re-refining
of
used
oil
rather
than
a
paperwork
free
“dump
it
somewhere”
approach.
This
is
especially
important
for
small businesses
under
the
current
economic
climate
where
they
are
struggling
to
survive.
Under
the
Board’s
proposed
amendments,
the
tracking
of
used
oil
shipments
will
continue —
but
will
be
much
more
generator
friendly,
collector/transporter
efficient and
cost-effective.
The
proposed
amendments
will
help
level
the
playing
field
by
reducing
the
burden
on
businesses
in
Illinois.
These
burdens are
not
imposed
on
businesses
in
other
states.
Safety-Kleen
Systems,
Inc.
urges
the
Board to
adopt
its
proposed
amendments
without
any
changes.
Director
Oil
219-391-6113
West
Group.
Date:
9/25/09
Address:
601
Riley
Rd.,
East
Chicago,
iN
46312
PESCO BEAM
Page 1
ofl
//
BEFORE
THE ILLINOIS POLLUTION
CONTROL
BOARD
SEP
28
2009
IN THE
MATTER OF:
S
TATE
OF
ILL.INO,
PROPOSED
AMENDMENTS TO THE
BOARD’S SPECIAL
WASTE
LcP1No$d
CONCERNiNG USED OIL
35 ILL. ADM. CODE
739, 808, 809
R06-20
(Rulemaking
- Land)
COMMENTS
OF LUKE STAENGL,
PRESIDENT AND
CEO, PESCO-BEAM
I commend the Board for its
carefully considered proposal
to improve
used oil
regulations in the State of Illinois. This
change will
make the process of
documenting
and
tracking
used
oil shipments
much more efficient
and cost-effective,
and is of great
benefit, especially for small
businesses.
Eliminating
the requirement for unnecessary
and duplicative manifests will
reduce
paperwork and costs. This is
especially important for small
businesses. Under
the
Board’s
proposed amendments the tracking of used
oil shipments will continue
— but it
will
be a much
improved
and
effective
process.
The proposed amendments will help level the
playing field by reducing
the
burden
on
businesses in Illinois. These burdens
are not imposed on businesses
in other states.
I therefore urge the Board to adopt its proposed amendments
without any changes.
Yours truly,
//
O//
c4) ‘
?ki—3
Luke Staengl, President and CEO,
PESCO-BEAM Environmental Solutions, Inc.
PESCO-BEAM
Environmental Solutions, Inc.
1005
Industry
Circle,
SE Roanoke, Virginia, USA 24013
Voice:
1-540-206-2788 FAX: 1-540-206-2791 Web: www.pescobeam.com
Email:
info(ipescova.com
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARIfie
0
IN THE MATTER
OF:
)
PROPOSED
AMENDMENTS TO
THE
)
‘ 282009
BOARD’S
SPECIAL WASTE
REGULATIONS
)
R06-20
S
TATE
OF
CONCERNING
USED
OIL
)
(Rulemaking
-
Ln0Itb0fl
ConJS
35 ILL. ADM.
CODE 739, 808,
809
)
oard
V
COMMENTS
OF FUTURE ENVIRONMENTAL,
INC.
Future Environmental
commends
the Board for its
carefully considered
proposal
to
improve
used
oil regulations
in the State
of Illinois. Eliminating
the
requirement for unnecessary
and
duplicative
manifests will reduce
paperwork
and
costs. This
is especially important
for small
businesses.
Under the Board’s proposed
amendments
the tracking
of used oil shipments
will
continue
— but
will
be much more
efficient, cost-effective
and
less
confusing.
The
proposed
amendments
will hopefully
help level
the playing field by
more clearly identifying
what is
and what is not
considered to be handled
as
“used
oil” in Illinois and
reducing the burden
on
businesses
with
facilities
in
Illinois.
Hopefully,
the agency
will not
attempt
to
regulate
used
oil or
the
four categories of
manifest-exempted
mixtures
under any additional
regulation.
This
will
allow
Illinois-based
recyclers
to
compete with
out-of-state used oil
recycling companies.
With the
adoption of
this Opinion and
Order, Illinois will
still
ensure
more stringent regulation
of
used oil
than the
surrounding states,
but
regulation
that
meshes
with
surrounding
states’
regulations
and
should
not
cause any
interstate
commerce
issues.
Future
Environmental
urges
the Board to adopt
its
proposed
amendments
without
any changes.
Sincerely,
Michael
Lenz
Future
Environmental, Inc.
19701
South
97
th
Avenue
Mokena,
Illinois
60448
Z
rystiI
czIEr
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
JL
2
8
009
IN THE MATTER
OF
ILLjg%qo
1s
PROPOSED
AMENDMENTS TO
THE BOARD’S SPECIAL
WASTE
°fltroi
oar
8
REGULATIONS CONCERNING
USED OIL
-
35 ILL. ADM. CODE 739,
808,
809
/
R060-20 (Rulemaking — Land)
COMMENTS
OF:
Heritage-Crystal Clean, LLC
Heritage-Crystal Clean, LLC provides
environmental waste
services, with
our national
corporate headquarters located in Elgin,
Illinois. With our
60
facilities,
Heritage-Crystal
Clean
services the majority of the country and thus, we have
a broad perspective
on the regulatory
frameworks of many states.
Heritage-Crystal Clean fully supports the Proposed Amendments
of the Board’s
Special Waste
Regulations to allow shipping papers for
used
oil,
in lieu of hazardous waste
manifests.
Heritage-Crystal
Clean urges
the Board to adopt the proposed
amendments, without
any
changes.
This rulemaking will align Illinois with
a
well-tested
system
used
in almost
all other
states for nearly the last 25 years.
This regulatory
improvement will eliminate
a paperwork burden on the businesses
of Illinois, an
approach that did not provide any additional environmental protection. In Illinois,
businesses
will be able to use a
standardized Department
of Transportation (DOT) shipping paper
for the
transportation of material classified as used oil. The businesses of Illinois will now be
on a level
playing field with
surrounding states and the rest of
the
country.
Under the
Board’s proposed amendments the tracking of used oil shipments will
continue
- but
will be
much
more
efficient and cost-effective.
This
regulatory improvement
will make it
easier
to
collect and recycle used
oil from Illinois
generators.
In conclusion,
we
believe that this proposal is
in the best
interests
of the
citizens
of the State
of
Illinois
and the wise use of
our environmental protection dollars. We
support the
finalization
of
this rule.
September
24, 2009
Catherine A.
McCord
Vice-President
Environment,
Health, and Safety
2175 Point Boulevard — Suite
375,
Elgin,
IL 60123
Phone: (847) 836-5670 Fax: (847) 836-5677 ToIl Free: (877) WE TRY 4 U
INTEGULF
KS
COD1IDN
SEp
282009
pollution
coIjL
Before
The
Illinois Pollution
Control Board
In
The
Matter
Of:
Proposed
Amendments
to The Board’s Special
Waste Regulations
Regarding
Used Oil
35 ILL. ADM. CODE
739, 808, 809
R06-20
(Rulemaking - Land)
Intergulf Corporation would like
to
express our gratitude
to the Board for working
diligently
on the used oil regulations in the
State
of Illinois. Expensive
and time
consuming manifest duplication is definitely
not
in the spirit of recycling
and is totally
unnecessary. Regulatory inefficiencies in this current
economic climate cannot
be
tolerated
as we
are
all
trying
to recover from the downturn
all businesses have
experienced. The Board’s proposed
amendments regarding the tracking
of used oil will
be much more efficient
and
less burdensome on businesses serving
Illinois’ recycling
needs.
It is our request
that
the Board
adopt
its
proposed amendments without change.
Sincerely,
Brandon Velek,
Vice President
Intergulf Corp.
10020 Bayport
Blvd
Pasadena, Texas 77507
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
IN
THE MATTER
OF:
CLEE
a
PROPOSED
AMENDMENTS
TO THE
CE:
SPECIAL WASTE
REGULATIONS
)L’
28
2009
CONCERNING USED OIL
35 ILL. ADM.
CODE, PARTS 739, 808, 809
P°11
Wio,,
co’f’01S
CERTIFICATE OF SERVICE
I,
CHRISTOPHER HARRIS, an attorney, hereby certify that I filed with the Office of
the
Clerk
of
the
Illinois Pollution Control Board the following documents:
1. Comments of
NORA, An Association of Responsible Recyclers Concerning Opinion and
Order
of the
Illinois Pollution Control Board and Proposed Rule (August
20, 2009)
2. Comments
of Safety-Kleen Systems, Inc.
3.
Comments of
PESCO-BEAM
4.
Comments of First
Environmental, Inc.
5.
Comments of
Heritage-Crystal Clean, LLC
6.
Interguif
Corporation
and
will cause the
same
to be served upon the
following persons by sending it via first
class
mail,
United
States Postal
Service
on September
25, 2009.
John T.
Therriault, Assistant
Clerk
Tim Fox,
Esq.,
Hearing Officer
Illinois
Pollution Control
Board
James R.
Thompson
Center
100W
Randolph
Suite 11-500
Chicago,
Illinois 60601
Stephanie Flowers,
Esq.
Illinois
Environmental Protection Agency
P.O.
Box
19276
Springfield,
Illinois
62794-9276
7%2
f
4:
/
Christopher
Harris
1511
West
Babcock
Bozeman,
Montana 59715